Falcon Brand Warranty

ManualsBrandsFalcon ManualsDeadboltsFalcon Grade 2 Single Cylinder 5 Pin Deadbolt with Turn Dial Inside Less SFIC Core from the D200 Collection

Price Book 106

Effective February 25, 2008

General Terms & Conditions of Sale and Service

1. GENERAL.

(a) This Agreement contains the terms and conditions by which

Company will quote and sell its Products and Services to Customer. (b)

The terms “purchase order” or “order” for the purposes of this

Agreement include the term “request for quotation,” as appropriate. (c)

This Agreement supersedes all pre-printed and boilerplate terms and

conditions set forth in any purchase order issued by Customer. (d) No

reference herein to Customer’s purchase order will in any way

incorporate different or additional terms and conditions which are

hereby objected to. (e) ANY ACCEPTANCE BY COMPANY OF

CUSTOMER’S PURCHASE ORDER IS EXPRESSLY CONDITIONED ON

THE CUSTOMER’S ASSENT TO AND ACCEPTANCE OF THE TERMS AND

CONDITIONS CONTAINED IN THIS AGREEMENT. (f) In the event of a

conflict between this Agreement and a purchase order issued by

Customer, the terms of this Agreement will prevail. In the event of a

conflict between this Agreement and any specific Product or Service

terms and conditions, the specific Product or Service terms and

conditions will prevail.

2. SCOPE OF PRODUCTS AND SERVICES AND ORDERS.

(a) Scope of Products and Services. The scope of the Products and

Services (including, but not limited to location) are (i) attached to this

Agreement, (ii) separately furnished by Company to Customer, or (iii)

subject to Section 1 herein, contained in an order submitted by

Customer. Non-standard finishes and special items may be available.

Contact Company for such availability. All Products that come in “kits”

cannot be sold as individual pieces. See the specific product terms and

conditions for exceptions. (b) Orders. All orders submitted by Customer

must be in written form acceptable to Company. A minimum net Product

or Service order value, excluding freight charges, may be required for

each order. Such minimum net Product or Service order value will be (i)

attached to this Agreement; (ii) separately identified in the specific

Product Price Book; or (iii) separately furnished by Company to

Customer. In the event the order value does not meet any required

minimum net Product or Service value, Company will, at its sole

discretion, either (i) increase the quantity of items in the order to meet

the minimum net Product or Service value provided herein; (ii) apply a

minimum order charge; or (iii) reject the order. (c) Receipt of an Order.

Company will acknowledge receipt of each order issued in accordance

with this Agreement and will notify Customer whether such order has

been accepted or rejected, in whole or in part, by Company. If Company

fails to acknowledge receipt of an order, within a reasonable time period,

such failure to acknowledge receipt will be deemed a rejection of the

entire order. (d) Changes to Orders. Any changes to orders must be

acknowledged by Company in writing. Company reserves the right to

deny any changes to orders, which have been previously acknowledged

by Company. The time period for making any changes to orders for

Products will be (i) attached to this Agreement; (ii) separately identified

in the specific Product Price Book; or (iii) separately furnished by

Company to Customer. All changes to orders are subject to a change

order charge of 25% of the net Product or Service value or $25.00,

whichever is greater, plus the cost of fabrication or raw material that will

need to be purchased for the change order. Unless otherwise specified

by Company in writing, any changes to orders acknowledged by

Company that affect the delivery date will be deemed a new order and

will require acknowledgement by Company as provided in this Section

2. (e) Cancellation of Orders. All cancelled orders are subject to

Company’s written acknowledgement to be valid. The time period for

order cancellations will be (i) attached to this Agreement; (ii) separately

identified in the specific Product Price Book; or (iii) separately furnished

by Company to Customer. All cancelled orders acknowledged by

Company are subject to a cancellation charge of 25% of the net Product

or Service value or $25.00, whichever is greater, plus the cost of any

fabrication or raw materials that have purchased for the order.

3. PRICES AND PAYMENT.

(a) Prices. The prices specified by Company are subject to change,

without notice, to Company’s prices in effect at the time of each

shipment of Products or performance of Services. Additional charges

may be applied for product modification or engineering services. Oral

prices specified by Company are null and void. (b) Invoices. Company

will submit invoices to Customer stating amounts due. (c) Payment

Terms. Payment terms are 2% cash discount 20 days, net 35 days from

date of invoice. Payment will be made in United States dollars. (d) Credit

Terms. All orders are subject to Company’s credit limit and terms of

credit required by Company or contained in Company’s credit

application, which is subject to change by Company at any time either

before or after delivery of any part of the order. Company reserves the

right to request payment in advance of shipment or any order or to

request adequate assurances for Customer’s payment of an order and

may withhold or stop shipment, without any liability to Company, until

Customer submits payment or assurance of payment, as required by

Company. (e) Default. If Customer is in default in payment or otherwise

with respect to any order for Products or Services or any other contract

with Company, Company shall have the right, in addition to all other

legal remedies and without prejudice to any of its right hereunder, to

defer further shipments until such default is corrected and to declare all

outstanding bills of Customer to be immediately due and payable. (f)

Taxes. Any taxes, charges, or duties imposed by any governmental

authority on the sale of Products or Services will be paid by Customer,

in addition to the selling price specified by Company. (g) Late Payment

Charge. A late payment charge of 1.5% per month equivalent to 18%

per annum will be charged on past due balances owed Company.

Provided however, that in the event that applicable governmental law

sets a maximum rate for late payment fees which is less than 18% per

annum, then the late payment charge assessed will be set at the

maximum rate permitted by law.

4. INSPECTION, DELIVERY, SHIPPING, FREIGHT CHARGES, CLAIMS,

AND PACKING.

(a) Inspection. Inspection of Products and Services will be done by

Customer immediately after receipt of Products or completion of

Services. Inspection of Products or Services by Customer at Company's

facility is not permitted. (b) Delivery. Product delivery schedules are

based upon current production capacities, material or component

availability, and inventory, and may be changed by Company as

conditions require. Service delivery schedules are based upon prompt

receipt of, and prompt access to, Customer’s equipment and all

information necessary to complete the Services. In no event will Product

or Service delivery dates be construed as falling within the meaning of

“time is of the essence.” Partial delivery shall be accepted by Customer

and paid for at the price and on the terms stated herein. Any partial

delivery of Products or Services, shall constitute a separate sale and

payment shall be separately made when due. If any part of the Products

or Services are not delivered by Company in accordance with

Customer’s order, this Agreement shall not be affected thereby. (c)

Shipping. Unless otherwise specified by Company, (i) where the

Customer is located in the United States, all Products will be sold

“Uniform Commercial Code, F.O.B. Origin, Company's factory”; and (ii)

where the Customer is located outside of the United States, all Products

will be sold “Incoterms 2000, Ex-works, Company's factory.” In either

instance, title and risk of loss will pass to Customer upon delivery to the

carrier at Company's factory. Provided however, a security interest will

remain in the Products, regardless of mode of attachment to realty or

other property, until full payment has been made therefore, and

Customer agrees, upon request, to do all things and acts necessary to

protect Company’s interest by adequately insuring the Products against

loss from damage from any cause and to have Company named as an

additional insured. Copies of all Certificates of Insurance will be provided

to Company upon request. Customer will also assist Company in

providing all necessary documents or signatures required to file any

documents to perfect Company’s interest in such Products. (d) Freight

Charges. All freight charges will be (i) attached to this Agreement; (ii)

separately identified in the specific Product Price Book; or (iii) separately

furnished by Company to Customer. (e) Claims. All claims for loss or

damage to Products while in the care, custody, and/or control of a

carrier will be the responsibility of Customer, who will submit any

claims. (f) Packing. Company will pack, mark, and ship the Products

according to its standard procedures for shipment, unless the parties

agree, in writing, that Company will comply with any special instructions

provided by Customer. Compliance with special instructions may result

in an increased price.

Summary of content (5 pages)

PAGE 1
General Terms & Conditions of Sale and Service 1. GENERAL. (a) This Agreement contains the terms and conditions by which Company will quote and sell its Products and Services to Customer. (b) The terms “purchase order” or “order” for the purposes of this Agreement include the term “request for quotation,” as appropriate. (c) This Agreement supersedes all pre-printed and boilerplate terms and conditions set forth in any purchase order issued by Customer.
PAGE 2
General Terms & Conditions of Sale and Service 5. CLAIMS. ((a) All claims must be submitted in writing to Company as follows: (i) All claims for prices must be submitted within thirty (30) days from the date of invoice. (ii) All claims for Product quantity or incorrect orders must be submitted within ten (10) days from the date of delivery. (iii) All claims for damage to Products (while in the care, custody, and control of Company) must be submitted within thirty (30) days from the date of invoice. 6.
PAGE 3
General Terms & Conditions of Sale and Service 16. TERMINATION. (a) This Agreement may be terminated by either party by giving 30 days' written notice to the other party in the event of failure by such other party to fulfill any of its obligations hereunder. However, if during the period of such notice, such other party remedies such failure, this Agreement will continue with the same force and effect as if such notice had not been given.
PAGE 4
General Terms & Conditions of Sale and Service 24(b). FREIGHT. Customer orders in excess of $8,000 list will be shipped freight prepaid by Falcon to a single destination point in the U.S. Orders less than this amount will ship UPS/RPS prepaid and actual freight will be indicated on the customer’s invoice. All goods are shipped F.O.B. factory and become the customer’s property when they pass into the hands of the transportation company. Falcon reserves the right to use our choice of carrier.
PAGE 5
Warranty Falcon Door Hardware warrants its mechanical offering of locks, exit devices and door controls products manufactured to be free from defects in materials and workmanship for a period of TEN (10) YEARS from the date of manufacture with the exception of the products detailed in the table below. The terms and conditions of this new warranty apply to Falcon Door Hardware shipments made on or after November 1st, 2008.